Publication: Legitimate Interest of Coastal States in Seabed Mining: Indonesia’s Practice
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Date
2023
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, Hasanuddin University
Abstract
This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction
and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant
to seabed mining and the need for such laws to take into consideration the maritime zones and activities
in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea
minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal
framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal
States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of
UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the
juridical-normative method, this paper finds that Indonesia does not currently have comprehensive
national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a
presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only
focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the
use of the seabed, both within and beyond national jurisdiction.
Description
Hasanuddin Law Review Volume 9 No.3 Page (299-316)
Keywords
Deep-Sea Mining; International Seabed Authority; Mining; Offshore Mineral Mining